Daniel Rodriguez
Problem (Physical)You are planning to start your own business. You have asked your two best friends of the last ten
years, who both have backgrounds in owning and operating their own businesses, to help you
with this business venture. Your business will consist of opening a bar and grill in the middle of
downtown El Paso, Texas. Your Bar and Grill will cover 2400 square feet. Your two best friends
have co-signed for you to get a business loan from Wells Fargo. However, before you inquired
about the loan, you had a five-year budget planned out, a risk assessment made, the location of
your business selected, the need for your business in the community explained, the target
audience that your business will serve, the anticipated cost for renovating the warehouse and ten
acres of property surrounding the area on which you plan to start your business, an estimated
running overhead for utilities (i.e. water, lights, waste management, etc.), when you plan for your
business to start turning out a profit (estimated two full years) and a select few other
unanticipated and/or miscellaneous costs that you might run into during the construction of the
facilities and during the first two years of operation. You have also mapped out the economic
landscape of El Paso and the effects and/or impacts certain other local and nearby businesses,
such as other bar businesses, will have on your business as well as the effects and/or impacts
your business will have on them, both positively and negatively. One advantage that you’re Bar
and Grill will have is it will have various specials throughout the week to match bars like
Thirsties. You eventually receive zoning approval for building and running your business, as
well as the necessary permits and licenses from the city of El Paso. Now, your task is to seek out
a contractor and/or a building crew to help you construct and/or renovate the warehouse. How
will you go about doing this? What will be your anticipated needs and budget for construction
and renovation? What exactly will you need to build and/or renovate in order to get your
business up and running? What materials and supplies will you need for construction and
renovation purposes?

Questions to ask before solving- What type of beer and drinks are to be served? What
type of food? What will be the hours of operation? Will there be live music? What type
of security does a bar and grill require? How many employees do we need?

Considerations-The type of area we are doing business in, and the age group we want to
appeal to. Also consider what are competition is doing in the area and make sure were
matching prices and specials.

Solution explanation,

Company Description

Danny’s Bar and Grill, LLC, a Texas based company, will operate Danny’s Bar and Grill, a
single unit, medium-size restaurant serving family style food and liquor. The restaurant
will be located at 645 Texas in El Paso, Tx.


Mission Statement

Our first responsibility is to the financial wellbeing of the restaurant. We will meet this
goal while trying to consider; 1) the effect of our products on the health and wellbeing
of our customers (and our staff), 2) the impact that our business practices and choices
will have on the environment, and 3) the high quality of attitude, fairness,
understanding, and generosity between management, staff, customers, business
partners and neighbors.

Development & Status

The company was established in October of 2012 and is a limited liability company. The
founder is Daniel Rodriguez. Daniel is the company President. There are a total of 2,000
shares of common stock issued. Bob owns 1,001 shares and the remainder are retained
by the company for future distribution. In addition he has loaned the company $150,000
of his own money for research and start-up costs. The location will be on Texas Street,
just outside Downtown and close to a dense population of the target market. When the
lease is signed there will be three months of free rent for construction and in that time
the balance of the start-up funds must be raised. With that phase completed, Danny’s
Bar and Grill can then open and the operations phase of the project will begin.

Future Plans

If the business is meeting its projections by year one, Danny will begin scouting for a
second location and develop plans for the next unit. The five-year goal is to have 5
restaurants in the greater El Paso area with a combined annual profit of between
$1,000,000 and $5,000,000.

Facilities & Offices

The restaurant at 645 Texas Street is a 2400 Square foot space. It was formerly a
restaurant and needs on minor structural modifications. The licenses and codes' issues
are all in order. New equipment and dining room furnishings will be purchased and
installed by the general contractor.

Hours of Operation

The restaurant will be open for lunch and dinner 6 days a week, closed on Mondays.
Service will begin at 11:00 AM and end at 1:00 PM. The restaurant will be closed on
Christmas Day, and all major holidays.

Employee Training & Education

Employees will be trained not only in their specific operational duties but also in the
philosophy and applications of our concept. They will receive extensive information
from the chef and be kept informed of the latest information on healthy eating.

Systems & Controls

A big emphasis is being placed on extensive research into the quality and integrity of our
products. They will constantly be tested for our own high standards of freshness and
purity. Food costs and inventory control will be handled by our computer system and
checked daily by management.

Food Production

Most food will be prepared on the premises. The kitchen will be designed for high
standards of sanitary efficiency and cleaned daily. Food will be made mostly to order
and stored in large coolers in the basement.

Market Penetration

Entry into the market should not be a problem. The store has high visibility with heavy
foot traffic all day long. The local residents and students always support new restaurants
and the tourists do not have fixed preferences. In addition, $30,000 has been budgeted
for a pre-opening advertising and public relations campaign.

Market Trends & The Future

The population and demographics of El Paso have remained steady for the last 15 years.
Tourism has increased 10% over the last 5 years and is predicted to keep growing due to
Baseball and the army. Local businesses are increasing at a rate of 15% yearly.
Market Location & Customers
The Downtown area is one of the most desirable retail locations in the Sun City. The El Paso
Chamber of Commerce has begun to support small business. There are more than 600
businesses in a 1/2 square mile area with average sales of $375 per square foot.
The customer base will come from 4 main segments:
• Local population - The city of El Paso with a year-round population of 665,568 is centrally
located in the El Paso area and is within 10 minutes’ drive of 4 major suburbs.
• Colleges and Universities - The University of Texas at El Paso is within a 5 minute drive
and a seasonal population of 20,000. In addition a community college near downtown
has large student bodies.
• Tourism - Between hotels, motels, there are over 7,000 rooms available. Last year they
were at 65% occupancy.
• Local businesses -- The El Paso Chamber of Commerce lists over 800 businesses with an
average of 6 employees in the El Paso area.
The food concept and product image of Bob’s Bar and Grill will attract 3 different customer
profiles:
• The student - More and more young people have developed habits of meeting for dinner
and beverages. Includes seasonal sports games and events.
• Working Adults with Families - This profile includes adults working full-time and taking
care of children. It is increasingly difficult to find the time to prepare all meals at home
and this group will welcome the opportunity to relax and let someone else do the work
once in a while.
• Business Travelers - Through marketing, publicity, and word-of-mouth, people will seek
out a new experience and learn the atmosphere at Danny’s Bar and Grill is fun,
convenient, and moderately priced.
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The Menu

Danny’s Bar and Grill’s menu is moderate sized and moderately priced offering a
collection of American items, and Mexican – good food, hearty portions, flavorful, and
familiar. Our goal is to create the image of traditional Mexican American food.
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
Production

Food production and assembly will take place in the kitchen of the restaurant. Fresh
vegetables, meat and dairy products will be used to crate most of the dishes from
scratch. The chef will exercise strict standards of sanitation, quality production, and
presentation or packaging over the kitchen and service staff.


Service

There will be three ways a customer can purchase food. They may sit down at one of the
104 seats in the dining room and get full service from a waitperson. A curbside take-out
program will service those who wish to pick up their food. Most take-out food will be
prepared to order with orders coming by telephone.

Possible argument against your solution 1:

We may need more space to sit people if we begin to become popular.

Maybe expansion is not needed so soon.

Your response: If we need more space then expansion will be necessary but careful
research must be done of an ideal location.

Anticipation of events, Not receiving things like our liquor license in time, or not
finding adequate employees. Need to be dealt promptly and efficiently. Fights and other
random events that may cause damage also need to dealt with.

Justification statement,

The Restaurant Industry Today

The food service business is the third largest industry in the country. It accounts for over
$240 billion annually in sales. The independent restaurant accounts for 15% of that
total. The average American spends 15% of his/her income on meals away from home.
This number has been increasing for the past seven years. In the past five years the
restaurant industry has out-performed the national GNP by 40%. The reasons given by
the Folkney Report (November 1994) are 1) lifestyle changes, 2) economic climate, and
3) increase of product variety. There are 600 new restaurants opening every month and
over 200 more needed to keep pace with increasing demand.

Risks associated with your proposed solution: Not meeting market goals and going
belly up. Losing all we have invested.
Problem (Emotional):
Once that you have most of the construction and renovations done for Bar and Grill business,
you plan to post an advertisement in the local El Paso Times newspapers as well as run a thirty
second advertisement for your business on three of the local television stations, KDBC, KVIA
and KFOX. In the advertisements, you plan to focus on what your business offers in terms of
paintball games and the mini-water park, such as highlights, as well as an anticipated opening
date. You plan to hire a local graphic design team to create your business’ logo and name as well
as create the actual visuals and audio for your advertisements. The advertising of your business is
part of your proposed five-year budget, so you have already factored in the costs of the space in
the newspaper as well as the cost of airtime on the three local television stations. However, one
of your business partners, Frank, thinks that creating a flyer, making three thousand copies of it
and then handing them out at the Sunland Park and Cielo Vista Malls would be sufficient. The
manpower going into this advertising campaign will involve you and your two business partners
handing out the flyers. Your other business partner, David, thinks that creating a flyer, making
three thousand copies and handing them at the two malls is not enough to promote your business.
David wants to create an original commercial, hiring a professional filming crew, starring the
three of you and possibly a few friends, for the Bar and Grill business, in order to create a
personal connection with the community as well as a lasting impression of your business within
El Paso. David wants to air the commercial on local and national television stations and/or
channels. He/she wants the commercial to be at least one minute in length. How do you comprise
between your chosen methods of advertising and your two business partners’ methods of
advertising in a way that does entirely discredit or disregard your or their ideas for adverting?
How much should their ideas or methods of advertising your business weigh in your final
decision? Once you decide how and what you will advertise, how much do you plan to spend?

Questions to ask before solving, What do people in El Paso do? What do they listen to, and
when? What is the cost of both?
 Considerations, not everyone goes to the mall, and not everyone listens to the radio.
 Solution explanation, we decided to spend 30,000 on advertisement and the smart thing to do
is to expand as far out as possible and get to as many listeners as possible. Frank will take a third
of the budget and spend it on face to face encounters like malls and schools, David will take his
third and try to advertise on the most listened to radio stations in El Paso. I will take the last third
and try to get on the internet as much as possible maybe bring in out of area customers.
 Possible argument against your solution 1: maybe it is wiser to pick the most efficient form
and concentrate our efforts on it.
 Your response: for the sake of partnership I decided It was best for everyone to feel they are
being heard.
 Anticipation of events, Not enough money was spent on the most efficient way of
advertisement. But I anticipate success since were expanding out to three different levels of
media.
 Justification statement, Other business have used this method and I predict the same result
for Danny’s.
 Risks associated with your proposed solution: We waste money with one of these methods
and we end up in the hole due to advertisement.
Problem (Circumstantial):
Two-and-a-half months into the operation of your business, a customer is injured on your
property. The injured is a nineteen-year-old male who does not appear to have a medical history
of any kind. Essentially, he appears to be relatively healthy outside of his recent injury. The
nineteen-year-old man has suffered a broken right forearm. The injury happened during a happy
hour were the bar was abnormally full the customer was playing in a pool tournament, slipped on
a puddle of water, fell and broke his right arm on the concrete pavement. The injury happened
inside the billiards area between his team of five people, including himself, and six other people,
eleven people total. The injury did not happen near the dinning section. None of the ten other
individuals witnessed the injury. All individuals involved in the billiards tournament are males,
ranging in age from nineteen to twenty-four years old. You and your hired help, a twenty-fiveyear-old woman named Elsa, was working the billiards section of the park the day the nineteenyear-old man was injured. You did not witness the injury but Elsa reported it to you as soon as it
happened. Elsa did not witness the injury either. What is the first thing you should do when
finding out someone has been injured on your property? What kinds of medical and legal
preparations should you take in case someone is injured on your property? How should you
approach this situation? What kind of medical and legal steps should you take in this situation?

Questions to ask before solving,. Was there security footage of the area? What is the legal
procedure of a slip and fall case.
 Considerations, Most cases were someone falls it is on purpose. The person had a clean
medical history.
 Solution explanation, Things like that are bound to happen but as long as our staff was
maintaining policy and no mistake on the companies end was made we should be ok.
Preparing a Slip and Fall Case
In tort law, plaintiffs must present to the courts the fact a defendant entity was negligent
or under strict liability in causing a plaintiff’s injuries. Investigating and documenting the
scene of the slip and fall accident is one of the first steps for lawyers pursuing a slip and
fall case. Even minute details, such as the surface slip resistance for walkers, are taken
into account. If necessary, investigators will implement unique tools, such a Variable
Incidence Tribometer, to accurately and scientifically deduce the role friction on a surface,
environmental conditions, and speed played in the cause of a slip and fall accident. In
addition to physical and scientific evidence, simple statements from witnesses will
amply sustain plaintiff’s claims of negligence and liability. Although in the rush of the
medical attention after an incident is fast-paced, retaining a few names of witnesses is
always highly advisable. When witnesses prove hard to track, video camera
surveillance, sworn statements from defendants, or even photographs of still hazardous
environments are all useful in preparing a slip and fall case. Sometimes, your personal
slip and fall accident may have not been the first injury at a given site. Lawyers will
dedicate time to highlight any past negligent behavior that defendants have been found
liable for in the past. All the aforementioned pieces of information, as well as all medical
documentation, prove highly persuasive during a court case.
Settling a Slip and Fall Case Inside or Outside of Courts
As with any tort case, the slip and fall matters at hand can be settled outside of
courts. Lawyers and attorneys representing you during your slip and fall case will best
be able to negotiate any terms during this phase of litigation. Essential to any litigation
is presenting the necessary evidence to prove a prima facie case against
defendants. When litigation outside of court fails, slip and fall lawyers will represent
clients in the court of law.
Whether a slip or a fall, torts claims against a property owner must show there was
negligence on behalf of the owner, which led to an injury. Typically, property owners
and their legal teams will seek to prove the negligence did not occur, or a negligent
event was not the result of not exhibiting a reasonable level of care. In other instances,
defendant property owners will show the injured person was entirely at fault for their
own injuries, whether occurring accidentally or fraudulently. An experienced slip and fall
attorney can work to disprove all defendants’ claims while emphasizing the types and
aftermath of a victim’s injuries.
Some of the items deemed recoupable damages in a slip and fall case include:

Medical expenses
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Rehabilitative expenses
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Lost wages
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Lowered quality of life or lessened mobility

Pain and suffering

Personal property damage
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Legal representation expenses
 Possible argument against your solution 1:
What if the company was at fault and the customer had no fault?
 Your response:
If that was the case I would try to settle the issue outside of the courts first by offering free food
but if at all necessary a day in court would look bad for business so I would need to be prepard
for the worse.
 Anticipation of events, More than one incident happens and it is discovered that there is a real
problem in our staff or location.
 Justification statement, Human nature makes us lazy and someone will always be trying to
make an easy buck. We need to make sure we take all possible precautions so that the company
is not at fault.
 Risks associated with your proposed solution:
Bad Press along with possibly losing all our money in a court case.